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Home My WebLink About2685 OrdinanceORDINANCE NO. 2685 AN ORDINANCE Relating to Public Exposure and amending Chapter 9.10 PMC. WHEREAS, It is the intention of the City Council to limit Chapter 9.10 PMC - PUBLIC EXPOSURE to pure conduct and obscene expression and to proscribe conduct devoid of any expressive qualities and unprotected by Article 1, Section 5, of the Washington State Constitution and the First Amendment to the Constitution of the United States; and WHEREAS, Recent court decisions have held directly or indirectly that Chapter 9.10 PMC is overly broad and reaches protected expression, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 9.10 of the Pasco Municipal Code is hereby amended by the deletions shown by interlineation and the additions shown by underlining to read as follows: CHAPTER 9.10 PUBLIC EXPOSURE Sections: 9.10.010 Definitions. 9.10.020 Unlawful public exposure prohibited. 9.10.030 Facilitating unlawful public exposure prohibited. 9.10.040 Exemptions. 9.10.050 Location of performers providing certain forms of entertainment restricted. 97147464----Afftrmattve-defenses7 9.10.070 Penalty. 9.10.010 DEFINITIONS. As used in this chapter, the following words and terms shall have the meaning set forth in this section: (1) "Exposed" means the state of being revealed, exhibited or otherwise rendered open to public view. -fR)---liEmpresstve-dameen--means--any-damee-whteh7-when eems±dered--±m--the--eentext-ef-the-emttre--perfermanee7 eemst±tutes-am-expressten-ef-theme7-stery7-er-tdeas7-but exelud±ng-any-damee-sueh--as7-but-met-3tmtted-te7-eemmen barreem-type-tepiess-dame±mg--wh±eh7--whem-eemstdered-±m the--eemtext--ef--the-emt±re-perfermanee7--±s--presemted pr±mar±iy-as-a-meams--ef--d±splaytmg--nud±ty--as-a-saIes dev±ee--er--fer--ether--eemmere±ai--expie±tat±em-w±theut substamt±ai-express±em-ef-theme7-stery-er-tdeas7 (42) "Public exposure" means the act of revealing, exhibiting or otherwise rendering open to public view. (43) "Public place" means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is -1- not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided. (54) Subject to the exemptions for non-obscene conduct and expression listed in section .040 of this chapter, "Unlawful public exposure" means: (A) A public exposure of any portion of the human anus or genitals; (B) A public exposure of any portion of the female breast lower than the upper edge of the areola; or (C) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed. (65) The word "he" includes masculine, feminine and neuter; therefore, references to "he" shall also be meant to refer to "she." (Ord. 2451 Sec. 1 (part), 1983: Ord. 1867 Sec. 1 (part), 1977). 9.10.020 UNLAWFUL PUBLIC EXPOSURE PROHIBITED. It is unlawful for any person to intentionally commit any act constituting unlawful public exposure as defined in this chapter. (Ord. 2451 Sec. 1 (part), 1983: Ord. 1867 Sec. 1 (part), 1977). 9.10.030 FACILITATING UNLAWFUL PUBLIC EXPOSURE PROHIBITED. It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any unlawful public exposure upon the premises. (Ord. 2451 Sec. 1 (part), 1983: Ord. 1867 Sec. 1 (part), 1977). 9.10.040 EXEMPTIONS. The prohibitions set forth in Sections 9.10.020 and 9.10.030 shall not apply to any: (1) liExpress±ve---dameeu---as---deftmed--tm--Seetten 971979197 Non-obscene conduct or expression protected by the First Amendment to the United States Constitution and Article 1, Section 5, of the Washington State Constitution. (2) Exhibition, Pplay, opera, musical, dance or other dramatic works which are not obscene. (3) Class, seminar, or lecture, conducted for a scientific, medial or educational purpose. (4) Nudity within a locker room or other similar facilities used for changing clothing in connection with athletic or exercise activities. (Ord. 2451 Sec. 1 (part), 1983: Ord. 1867 Sec. 1 (part), 1977). 9.10.050 LOCATION OF PERFORMERS PROVIDING CERTAIN FORMS OF ENTERTAINMENT RESTRICTED. It is unlawful for any person to appear in any public place while unclothed or with any portion of the buttocks, and/or anus, vulva genitals, pubic region or female breasts below the top of the areola exposed, if allowed to so perform under the exemptions of Section 9.10.040 except upon a stage or other surface raised at least eighteen inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than six feet from the nearest patron. (Ord. 2451 Sec. 1 (part), 1983: Ord. 1867 Sec. 1 (part), 1977). -2- ED HIENDLER, Mayor AT EV N ELLS, City Clerk GRE . RU STELLO, City Attorney APPROVED AS TO• FORM p 97187868 AFFIRMATIVE DEFENSES. ft am aff±rmattve--defemse--te--a-preseeutem-fer-v±elatten-ef Seetems-97i878R8-and-97187888--that-the-mudtty-er-ether pubite-expesure7-when-eenstdered-im-the-eentext-±n-whteh presented7-prev±ded-aetuai-Itterary7-art±st±e7-peHt±eal er-se±ent±f±e-value-and-was-met-prev±ded--fer-eemmereai er-sexuai-exp+ettaten-er-w±th-am-emphas±s--er-am-appeal te--a--pfurtemt ±mterestr---{Srd7--R451--See7-I-{part}7 983- 9.10.070 PENALTY. Violation of any of the provisions of this chapter constitutes a misdemeanor, punishable by a fine of up to five hundred dollars, imprisonment for a period of up to six months, or both. (Ord. 2451 Sec. 1 (part), 1983). Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council and APPROVED by the Mayor this day of June, 1988. 99302-2608 ri.Crit :Herald P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE DATE6 /1 n/88 LEGAL NO 6697 - ACCOUNT NO 50550 DESCRIPTION Ordinance No 2685 TIMES LINES SS STATE OF WASHINGTON Tracy L Osborn , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Ordinance No 2685 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 6/10/88 , and ending on 6/10/88 , and that said newspaper was regulary distributed to its subscribers during all of this period ATTEST -s- Evelyn Wells City Clerk APPROVED AS TO FORM -s- Greg A Rubstello City Attorney LEGAL NO 006697. June 10, 1988 COUNTY OF BENTON AFFIDAVIT OF PUBLICATION SUBSCRIBED AND SWORN BEFORE ME THIS 15th DAY OF ainP 1988 Notary public in and for theAtate of Wash- ington, residing at COMMISSION EXPIRES 7"> SOLD TO City Of Pasco 'P 0 Box 293 Pasco, WA 99301 TOTAL $ 15? 88 NOTICE This Is an Invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment the general public fiiis a right to be present, whether or not conditioned upon payment of a fee and in- cludes, but is not limited to buildings open to the gen- eral public, whether or not access is restricted accord- ing to age including those In which food or drink is served or entertainment provided (4) Subject to the exemp- tions for non-obscene con- duct and expression listed in section 040 of this chap- ter Unlawful public expo- sure" means (A) A public exposure of any portion of the human anus or genitals (B) A public exposure of any portion of the female breast lower than the upper edge of the areola or , (0 ) A public exposure consisting of touching ca- ressing or fondling of the male or female genitals or female breasts whether clothed or unclothed (5) The word 'he" in- cludes masculine, feminine and neuter therefore refer- ences to "he" shall also be meant to refer to 'she' (Ord 2451 Sec 1 (part) 1983 Ord 1867 Sec 1 (Part), 1977) 9 10 020 UNLAWFUL PUBLIC EXPOSURE PRO- ED t....ri.„..elt Is unlawful for s onsof7 Punishable ay a fiameanor, haPter constitutes a misde to five hundred clon e °f uP prisonment for a pearrelodiTi up to six months, or both ( 1 0 1 rd Vct 245 on 1 2 S ecThil nance shall take effect fsve (Part), s Ordi- (5 )day s after Publica tion pas g VC and PAS SED Council and b APPR0EtDby the Mayor ?une19ad thi s;aay of q aEd-endl erMayor 0 0 l iediai 174. '01.6 ieglettO L i tall• S SM0110d SV NIVO -U0 Oa NO1DNIHSVM li ODSVd JO A110 3H1 AO lioNnoo J.110 31-41. ‘3U0A31:13H 1 'MON 'uoisse4dxe pope; i'atig.098YiPitr Reinclig public hearing William C Kennedy Secretary Kennewick / Planning Commission LEGAL NO 006686 - June 10, 1988 CITY OF PASCO NOTICE OF PUBLIC HEARING , aty.yEAR STREET June 7, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2685 and 2686 on the following date: June 10, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew